Detailed answer: Can you contest an approved estate accounting in Ohio after more than one year?
This article explains, in plain language, what options a beneficiary or interested person has in Ohio when they discover problems with an executor’s or administrator’s approved estate accounting more than a year after the court approved it. This is a general educational guide only and is not legal advice.
Overview — two separate paths
When a probate court approves an estate accounting, that approval is a court order. If you discover errors, omissions, fraud, or misconduct after the court approved the account, you generally have two types of remedies in Ohio:
- Ask the probate court to set aside its approval of the account (attack the court order) — This is usually done by asking the court to vacate or set aside the approval or by filing a post-judgment motion asking the court to reopen the settlement.
- File a separate action against the fiduciary (surcharge / breach of fiduciary duty) — This is an independent lawsuit or a new probate petition asking the court to surcharge the fiduciary, recover assets, or remove the fiduciary for breach of duty.
Key procedural tool: relief from judgment
Many challengers use the civil procedure tool commonly called “relief from judgment.” In Ohio civil practice, courts follow the rules that allow someone to ask a court to set aside a prior order for certain reasons (for example, mistake, excusable neglect, newly discovered evidence, fraud, or that the judgment is void). That procedure can apply to probate orders because probate courts use many of the same rules and principles courts use in other civil matters.
Important points you should know:
- Time limits differ by the reason: Ohio’s rules distinguish between different grounds for relief. For some grounds (for example, mistake, inadvertence, surprise, or excusable neglect), the rule imposes a one-year outer limit measured from the date of the judgment or order. For other grounds (for example, fraud or newly discovered evidence), courts evaluate whether the motion was made within a “reasonable time.”
- Burden of proof: To succeed you normally must show: 1) a valid reason for relief (fraud, mistake, excusable neglect, newly discovered evidence, or the order was void); 2) you acted promptly after discovering the problem; and 3) you have a meritorious claim or defense that could change the outcome if the order were vacated.
- Where to file: File the motion in the same probate court that approved the accounting or entered the final order.
What if more than one year has passed?
If you are more than one year past the court’s approval, you still may have options — but they depend on the reason you ask the court to reopen or on bringing a separate claim:
- Claims based on fraud, forgery, or intentionally concealed assets: Courts are often willing to set aside an order when the approval was obtained by fraud, concealment, or other intentional wrongdoing. Many courts treat fraud-based motions as requiring prompt action once the fraud is discovered but do not always apply the strict one-year limit. You must show clear evidence the account or the approval was tainted by fraud.
- Newly discovered assets or evidence: If you found new assets or decisive new evidence that could not reasonably have been discovered earlier, you can ask the court to reopen the estate. Courts look at how long you waited after discovering the item and whether discovery was truly impossible earlier.
- Mistake, inadvertence, or excusable neglect: These grounds generally carry the stricter one-year limit for filing a motion to vacate the judgment. If you are beyond one year, relief on those grounds is unlikely.
- Separate civil or probate suit: Even if you cannot reopen the accounting, you may still be able to sue the fiduciary for breach of fiduciary duty, conversion, negligence, or to surcharge a fiduciary. Each cause of action has its own statute of limitations and legal standards, so timing and proof requirements vary.
Typical court process to challenge an approved accounting
- Obtain certified copies of the approved accounting, the court order approving it, and the estate docket from the probate court.
- Consult a probate attorney promptly to evaluate grounds (fraud, mistake, newly discovered evidence, breach of duty) and applicable deadlines.
- If appropriate, file a written motion with the probate court asking the court to set aside or vacate the approval. Attach supporting evidence and an affidavit describing when and how you discovered the problem.
- Serve the fiduciary and all interested parties with the motion and supporting documents according to the probate court’s rules.
- The court will normally set a hearing. At the hearing you must present evidence (documents, testimony, bank records, appraisals, or forensic accounting) to support your claims.
- If the court grants relief, possible orders include reopening the accounting, ordering a new or corrected accounting, surcharging the fiduciary for losses, removing the fiduciary, or entering money judgments against the fiduciary. If the court denies relief, you can consider appellate review if you have grounds and timely file an appeal.
Evidence that strengthens a late challenge
- Bank and brokerage statements showing unexplained transfers or missing funds.
- Copies of the original and approved accountings and supporting schedules.
- Communications (emails, letters, text messages) showing the fiduciary avoided disclosure or misrepresented facts.
- Appraisals, receipts for large disbursements, or cancelled checks inconsistent with the account.
- Witness statements that explain why the issue was hidden or could not have been known earlier.
Practical considerations
- Act quickly after discovery. Courts measure “promptness.” Long unexplained delays weaken your claim.
- Cost vs. benefit: Reopening an estate or suing a fiduciary can be expensive. Weigh the size of the estate and the likely recovery against lawyer fees and court costs.
- Documentation is critical. Start preserving all documents and ask the court for a full estate docket and file copies of accountings and orders.
- Explore settlement before costly litigation. Many fiduciaries or estates will negotiate a resolution once confronted with evidence and a credible legal claim.
Where to find the rules and statutes
Ohio rules and resources that often govern these procedures include the Ohio Rules of Civil Procedure (for relief from judgment principles) and the Ohio probate statutes that govern estate administration and fiduciary duties. The Ohio Supreme Court maintains the state rules (including Rule 60(B) principles), and the Ohio Revised Code contains the probate statutes. For official text and updates, consult the Supreme Court of Ohio website and the Ohio Revised Code online.
Helpful starting links:
Next steps you should take now
- Get a certified copy of the probate file and the court order approving the account from the probate clerk.
- Preserve all records you have related to the estate, the fiduciary’s actions, and any communications about estate assets.
- Contact an Ohio probate attorney immediately for advice tailored to your situation. If you cannot afford an attorney, consider local legal aid or the county bar association for referral services.
Helpful hints
- Do not assume that because one year passed you have no options — fraud or concealed assets often allow later relief.
- File your motion in the same probate court that entered the approval order.
- Note that different claims (relief from judgment vs. breach of fiduciary duty) have different legal standards and deadlines.
- Keep communication professional and document every request you make of the fiduciary for records; those requests help your case later.
- Ask the court clerk how the local probate court handles motions to reopen accountings — some counties have local practice rules.
- Be prepared for a forensic accounting if the numbers are complex; this is often decisive evidence in probate disputes.